tag:blogger.com,1999:blog-2295869345625274211.post5482842605956125863..comments2023-12-18T10:15:52.664-06:00Comments on Gillette-Torvik Blog: Breyer versus ScaliaBart Torvikhttp://www.blogger.com/profile/13661031240106200076noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-2295869345625274211.post-65626505912184674722013-06-05T11:10:34.196-05:002013-06-05T11:10:34.196-05:00On the other hand, I think Kerr's point is th...On the other hand, I think Kerr's point is this: if you're a defense side lawyer in a 4th Amendment case, you probably go in thinking that you've got a good shot at the four liberals, and now you think you can pull in Scalia too. So you try to pull in Scalia without losing Breyer, and hope for Kennedy.Bart Torvikhttps://www.blogger.com/profile/13661031240106200076noreply@blogger.comtag:blogger.com,1999:blog-2295869345625274211.post-9250522307864212772013-06-05T11:07:53.884-05:002013-06-05T11:07:53.884-05:00Good point. It's the rare case where you'r...Good point. It's the rare case where you're trying to get both Scalia and Breyer. Seems like the wildcard is Kennedy, and who knows what will sway him? (In other words, I'm not sure I could write my final paragraph with Justice Kennedy's name in it.)Bart Torvikhttps://www.blogger.com/profile/13661031240106200076noreply@blogger.comtag:blogger.com,1999:blog-2295869345625274211.post-15586193655308192302013-06-05T09:23:39.509-05:002013-06-05T09:23:39.509-05:00Wouldn't Kerr's hypothesis be true for alm...Wouldn't Kerr's hypothesis be true for almost any case? Pitching an argument that appeals to Justice Scalia would presumably often be one that would not be very interesting to Justice Breyer, and vice versa. Adam Gillettehttps://www.blogger.com/profile/14498496568932193475noreply@blogger.com